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Home My WebLink About08/12/1946 Meeting r494 : ~ . :::...::_-.=-__--;-- -=--=-.-_ -=---.:::-:-~ :.::_-~-~-=--:;:::::..:-:.=-~ -=-'-~-==-~.:-~=-'--.:-.:_ ~_ _-~- -.--:--::~~-~_ ~~~+:.- -. -=---~--~=_~~~-:__:::_--__:;__:: --- --:'"""_--:"~:--_--:----'--=--_~--:--::--~_"-____":---j _ _ ----:.,-c--- ~-.-,...----:;:---c_--- . -- - - -- - - ~ -,-- - --.- ---. ~~~"-,=~~ ~~-,~"'=~~ ~~--,.. -~-~~ -~c____-~-~~~"'c .--,~~-----~-~ - -cc--'c-,---=c_,-''CC--- ~-~=--c: -~,...,...,.-~-- .--'- -,.,---__~ -.. --- ---- ---. "- Council Chambers, Eugene, Oregon Augus t 12, 1946 ~, ....~~. The regular meeting of the Common Council of Eugene, held August 12, 1 :..... ~ \_-:=-' 1946 at 7:30 P.M. The Meeting was called to order by his Honor, Mayor Earl -.- '"", McNutt. Councilmen present at rollcall were - Koppe, Hawn, Davis, Crumbaker, ~,I {If, " Bailey, Hurley, Johnson and Allen. .......;.,.... ~ Upon motion the minutes of the last regular meeting, held July 8, 1946 were c onsid,ered read and approved. REPORTS OF COMMITTEES The Finance Committee submitted the following report on offers to pur- chase City property. 1 John Huber offers $440.00 for Lot 27 in Block 3 of Victoria Heights Replate also $490.00 for Lot 25, except that portion on the northerly side already sold: (The City to get sewer right of way for sewer to Victoria Boulevard.) - Appraisal: Lot 27 - $880.00; Lot 25 - $1060 including the North portion. Recommendation: Accept. It was moved by Hawn, seconded by Allen that the report be received and placed on file and the recommendations of the Committee be approved. Motien carried. I A report of the Finance Committee recommending amendments to the 21 Amusement Tsx Ordinance, was submitted and read es follows: .. "Your Finance Committee respectfully reports upon Counc il Bill No. 86, j heretofore resubmitted to your Committee for further study and recommendation, I that sub-paragraph (d) of Section 4, of said bill be amended to read as follows: I (d) I Licensees operating permane,nt ly within the City shall file with the Recorder on. or before the last day of each month a statement showing the admission fees collected during the im- mediately preceding calendar month, together with a computation I ' of the tax \;der this ordinance and accompany the same with pay- ment of the license tax. , and that Section 9 of S\id bill be amended to read as follows: Section 9. Any person, firm, association or corporation violating ar.w df the provisions of this Ordinance, either of I wilful or in tent.ional omission or wilful and intentional commission, shall upon conviction thereof before the Municipal I Court, be subject to a fine not to exceed $200.60, and upon default in payment thereof may be imprisoned in the City jail for one day for. each $2.00 of fine unpaid, and such conviction shall automatically suspend the license of such person, firm, association or corporation until such fine shall have been paid or served in full, and all amounts due as taxes and li- censes from such person, firm, association or corporation shall have been paid in full. . The Committee recommends that Council Bill 86, with the amendments as : aforesaid do pass." It was moved by Jopnson, sec.onded by Davis that the reRort of ~he Cor:wittee be . received and placed on file and that it be tabled pe.r;dl.ng co.r;sl.deratl.on of Councll Bill No. 86 under the proper order of business. Motl.on carrled. 3 The special committee appointed to consider the proposed re-routing of Eugene 15us schedules, submitted the following report: "Your special committee appointed to consider proposed re-routing of Eugene bus schedules, begs~tb'::tepbrtt'asLf.ollpws,:c ". ',,: That we have met with the representatives of the Oregon Motor Stages and studied the proposed changes and addi tions to local bus routes and schedules. That we recommend to the Council that the changes as set forth in the I: accompanying map be approved 'by the Council and that the new routings and schedule be allowed as of August 16, 1946." It was moved by Johnson, seconded by Hurley that the report of the committee be received and placed on file and that the report be approved. Motion carried. ~ ~ 49? - -_._~._-.._-- --.- -..--- --------_.- -_.~----_._-~- -~_.__._-- -- -- - --- .--.-- . T _ _<. _ _ . .. _ _. _ ___ -~-------_._~-_._-----_._-------------"--_----..-:..._------ - ---"-- -- -- '-=:C-=-='='-:::C'C:-r'-==--~~-:-::C-=:":::'-- --. =::. ...:- ..:=-.-=--',"~- --=~------=-=--~-=,_.=~:.~=- '~-'--=--' . ~ -::-~:-:--=- = ,C-_-=C=~=-~C- ,-~-=--'-=---' .,-~ __ _~=-.:-_--:- ___...:~~ c. ~ .=-- ., ! REPORTS OF OFFICERS I . I ~ . i' A report from the office of the City Manager re: purchase of certain 4 ~,' properties along the Amazon Basin for park development purposes, was submitted ~ ' and read as follows: ::..;) ~ ~; ,,~ I,: "At the last meeting of the Common Council, this office was instructed ~::;" I, to negotiate for the purchase of certain properties lying in the Amazon Basin ,..:.. I; for future park development with the suggestion that monies derived from the .' sale of present ci ty owned property at 13th and Chambers be set aside for such 'I ~i purchase. 'I: I beg to report that at the present time the Century of Progress Park ; Fund is contemplating a public subscription campaign in the City of Eugene for I: the purpose of acquiring and developing the Amazon Park site of approximately ~; 30 acres. In order that the Century of Progress Fund"will be enabled to make necessary down payments on the tract in question and to permit itself to take .' an option for this property, it is necessary that a commi ttment be secured I' from the City Council to the end that monies derived from the sale of the 13th : and Chambers tract be ear-marked for the Amazon properties. ,I . I: It is, therefore, recommended that the Council by motion instruct the ~ proper city officials to the end that any monies derived from the sale of the I: Chambers tract be set aside in a special reserve fund and designa ted for pur- i, chase and development of park properties." ~':, : It was moved by Crumbaker, seconded by Davis that the report of the City Manager ~ be received and placed tin file and that the Council authorize the placing of ~; monies to be received from sale of Medical Center tract into a special reserve !i fund f or "Park and Recrea tional Facilities". l'v1ot ion carried. '1 I! Ii A report from the office of the City Manager re: various department 5;' activi ties was submitted and read. I' I' I !: "The following report is herewi th submitted for your informa tion. I I I, At the last regular meeting of the Common Council, July 29, '1946, II !: the.matter of con~ra?ting fo: the services of J. C. Compt?n Co. for oiling of i: var1.OUS streets w1.th1.n the C1.ty was referred to the Counc1.1 Street Committee :. with power t,o act. A meeting of the committee was held on July 30, 1946 and i! action taken, instructing the Manager's office to employ the services of the it company for oil treatment of various streets wi thin the City of Eugene, total- ,! ing approximately 12 miles. I !' j' On August 5th the Empire Construction Company started work on Unit i: No. 1 of the Amazon Interceptor Sewer and the work is progressing very satis- i'l factorily. The section of 36" line running easterly through the Fairgrounds :: will be rushed to completion in order that the ground may be restored prior 11 to the County Fair opening September 25th. '1 At the Eugene Airpark, the work of widening, re-align.ing and oil mat \i surfacing of the main diagonal runway has been completed during the past month I; and wi th installation of necessary drainage should provide safe use of the port I f! during the coming winter months. ,I I 1! The Fire Department has recently completed the installation of a new j dormitory room on the third floor of the City Hall. Members 'of the department ' 1,1 have done a splendid job in converting this area into a light, modern dormitory I li: room and will be in a position to accommodate 12 "sleepers" for night duty : il wi thin a short time. Fire department strength is now 26 men, plus 10 well I i.,; tra inedvolunteer members. I I" ,I . ji The Police Department has recently recruited three new officers from !l the Civil Service list, bringing the department to its full authorized strength Ii: of 29 uniformed men, one license collector and dog control man, meter service Ii: man and secretary, total of 33. The two-way system authorized by the Common IICouncil is now in the process of being installed and will be operating within II a short time. " I Ii Revised plans and estimates in connection with the construction of a ..- l"sewage disposal plant have been completed by the consulting engineer and the X llsewers committee of the Council will be called upon shortly to passon this :l!report and direct the completion of the new specifications. I 1 j1 The summer recreation program is closing this week after a highly I I.,.lsuccessful 9-week program that has included many activities for youngsters ~n \ i: the various age groups during the season. The Anchorage swimming pool record i I n I Ii ,:1 !1 t' .:, ),! , ~ r--,496 -=---:~.,--?-::~ :_-=--=-=--::-=-~-::E==:---~---~~:-;----;:_-:--~:: --,---:~-~~-~~--::-:-:-~--=-=--=- -4 ~~---::.~_~~:----"-~ _"_~' ~_.....__.;.....;..~<--:-::-,-..c,,-___O-'____ _ ____." _ _ ~ :__~:~_~- -:-:~_-~_-:~~-::.,:"~-:;:-::--:: ---- -~----~- --------------:--:--~~----,-----,---~~~--,.....--_._-,,~~- ""'t- -;'-..... ._~~{ ,~. _ _ ,_, , _ ,_ _ . _ _ ,~ u ~ ! shows an attendance in excess of 7,000 up to the first week of August. A complete report on theplayground activities and attendance report will be submitted in the near future." I "'-," It was moved by Bailey, seconded by Crumbaker that the report of the Manager be ../>"'.<.- "",A~- ~. received and placed on file. ('.." .~ ,-... A report from the office of the City Attorney, was submitted and read .......6 as follows: "Under date of March 16, 1911, the then Mayor of the City of Eugene \ approved the following Ordinance passed by the Common Council on March 6, 1911: ORDINANCE NO. 1091: An Ordinance granting to Frank L. Chambers the right to construct and maintain a railroad track across certain streets and alleys in the City of Eugene. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Sec. 1. That there be and there is hereby granted unto Frank L. Chambers, his heirs and assigns the right and privilege to construct and maintain a railroad track and to operate cars thereon across the following streets, High Street, Sixth I Street and the alley between Sixth Street, and Seventh Street, more particularly I described as follows: Commencing at a point not more than 2 feet south of the nort I line of Fifth street on the west side of High Street, thence southeasterly acnoss I High Street to a point not more than 4 feet north of the South line of Fifth Street on the, east side of High Street, also crossing Sixth Street and the alley between Sixth and Seventh Streets at points not less than 130 feet, nor more than 160 feet I East of the East line of High Street, provided that no part of said track shall be constructed south of the above described line on Fifth Street. Sec. 2. The right herein granted is upon the condition that said streets and alleys be kept open for traffic and that they shall not be blockaded an un- reasonable time. It now follows that the construction of an arterial highway which will cross the I railroad tracks laid and maintained pursuant to the privileges granted under the Ordinance is imminent. ' Al so, the specifications concerning the highway, as well as the safety of the'public using the same forbid the continued maintenance of the railroad track pursuant to the privileges granted under the Ordinance. The Ordinance proposes to grant to a private individual a use of certain streets and alleys in the City of Eugene which tends to restrict and curb the free 'and un- interrupted passage through the mentioned streets and alleys by the public and tends to be detrimental to the public welfare. However, 'the Ordinance was enacted under the authority granted in Section 95-401, which I quote in part as follows: "The Mayor and Aldermen shall comprise the Common Council of any such city - - - - and shall have power to - - -; to permit, allow and regulate the laying down of tracks for streetcars and other railroads upon, such streets as the Council may : designate, and upon such terms and conditions as the Council may prescribe; - ... -" , 'and further under Section 99 of Chapter VII of the Charter of the City of Eugene, which I quote "99 - To permit, a 11 ow , and regulate the laying down of tracks for streetcars and other railways upon ,such street or streets as the Council may designate." A discussion as to whether or not this power to grant the use of areas of streets and alleys for the use of railroad tracks is restricted to public carriers is not lin my opinion necessary in thiB instance. The rights and privileges granted under "" the mentioned Ordinance are now being used and enjoyed by a private business concern land no question of the use of the rights and privileges granted by the Ordinance IbY a public carrier enters the discussion. I quote you from McQuillin, "Municipal 'Corporations," Section 1423: . i"A municipali ty cannot authorize any use of its streets bY' a private person in- Iconsistent with the future legitimate uses of the street by the municipality; hence, lall such licenses are revocable, and no right to use the streets for private pur- iposes can be acquired by prescription as against the municipality." I , i iThe books are abundant with a uthori ty that the City Council can in the public :interest and where the condi tions justify such action, revoke permits issued to ipri vate individuals for use of streets and alley s when public need requires it. I I i IThere is, however, likewise abundant authority for the proposition that if a city ,grants a right or privilege to a private individual to use streets and alleyways, ,and upon reliance of such 'grant a private individual spends money or otherwise ~aterially changes his pOSition, that the right and privilege is not revokable and jthe grant or license can only be revoked upon good cause or granting compensation ,therefor. I I I i ! \1 I I ~ I , ~ 497 --- - . ---- ~. --- - - - - -- -- ------ --- .- - - --- .--- -- .. .-- - - - - . - ------_._-----_._-~- ---~ -- =~ '= '== ~------=--=- -----=1-~--:- ~=~-'.- . ~--------~~-------------_._------------------~-----_.--._. - --- -- _.~ - ------ ---~--- --"---~---~- ._----~ ------;:-------------- ----~-._--~~---- ----- -.------ ---- -- ~! In any event, the Ordinance provides that the rights and privileges therein I !i granted were so granted "upon the condition that said streets and alleys be " kept open for traffic and that they shall not be blockaded an unreasonable iii ~ r time." and the grantee of the privileges accepted the same upon the mentioned ,~ ::.:;:) J cond ition. ~ I! ,. ~, It is my opinion that the proposed revocation of the grant necessitated by the ...~ fi .....' ... ~,~ Ij proposed construction of the arterial highwqy is for good cause, and is merely I, reinstating the use of the streets and alleys to its paramount use, namely, I; for the benefit of the public, and that the Common Council of the City of i' Ii Eugene has authority to revoke the Ordinance and the rights and privileges I,: granted thereunder upon reasonable notice .to the parties now using the same, ~ with the right to remove any installations, provided no substantial damage is caused to the streets or alleys, or any such damage so caused by removal is I I! repaired. I!I " III If the parties now using the rights and privileges granted- under the Ordinance ~il ~ ~, are aggrieved by the proposed revocation, such procedure would give them ample I:! il notice and opportunity to present the matter to the Courts of the State for ii b final adjudication." Ii [; It was moved by Crumbaker, seconded by Bailey that the report of the City Attorney I I' .j be received and placed on file. " 1:, Ii li Bills against the various City Departments for the month of JUly, , 7 iI 1946 were submitted as follows: II GENERAL FUND 1J " 'I !i Aetna Life Insurance $ 53.25 Eugene Sand & Gravel $ 20.00 ~ Aetna Life Insurance 178.11 Eugene Water Board 2648.58 ~ Pacific Hospital 142.50 Eugene Vocational School 27.50 ;1 Eugene Hospital 25.00 Federal Electric Co. 1.85 Ii John Fields, Recorder 291. 88 S. B. Finegan 1.00 ~ First National Bank 1976.95 Mrs.. Emma Fox -5.00 I II' Public Employees Ret. Sys. 2677.72 J. C. French 5.00 I Eugene Public Library 1375.85 Drs. Furrer & McMilan 55.00 II Mayor Earl L. McNutt 50 . 00 Eva Gallup 11.20 d Eureka Fire Hose 1249.50 W. F. Gilstrap 490.50 II Deane Seeger 443.95 Gi1berts Shoe Co. 9.00 f Mrs. .Mearle Adkins 2.50 Guistina Bros. 153.41 ,1 Allenbaugh Printing Co. 5.00 God,love the Plumber 2.00 II American Bitumuls Co. 1835.45. B. F. Goodrich Co. 184.12 1; American Fire Equipment Co. 409.25 Gordon Hardware 4.75 I'! M. Ant i110n 5.00 Gail Hand 5.00 I,! R. A. Babb Hardware 3.28 P.J. Hanns Co. 1.20 I; Barco Mfg. Co. 13.13 Hanson Blue Print Co. 4.16 .!t~. I: Lester Barker, 13.60 Harley-Davidson 140.G5 !i Bill ',s Garbage 12.00 Hendershotts' 14.90 !i Blue Bird Packing Co. 17.08 Walter Hoey Mot ors Inc. 39.19 I Boehnke Printing Co. 65.20 Homelite Corporation 643.91 II Edward O. Browning 5.00 Charles Humphreys 3.35 I:. Bureau of Labor 10.00 Irish-Swartz #2 5.54 t Calkins & Calkins 60.71 Hogan's Groc ery 6.11 ~ Carlson, Hatton & Hay 18.71 Industrial Accident Comm. 251.62 J:. Central Heating Company 276.15 Koke-Chapman Co. 99.25 r Chase Plumbing Co. 2.50 Kendall Motor Co. 129.86 I', Chase Gardens Co. 4.25 Lane Gravel Co. 1337.75 ,. 1.04 Jack Lamb Film Shop 15.64 i! Clark Battery & Electric :: W. J. Cloyes 35.00 Eli,Levieux 5.00 Ii! Columbia Equipment Co. 364.63 Kaye Loomis 2.00 I: Commercial Office Supply 6.95 Lightnings .45 :: Cressey's 41.50 McDanie 1 Lumber Co. 42.50 : C & SElectric 25.54 Marshall-Meyers Co. 25.83 !: Daily Journal of Commerce 38.60 Merril Manley 5.00 f Donald C. Dickey 10.30 Sabina A. Merewether 5.00 ! Gordon H. Dotson 30.50 John Mitchell 45.00 ~ DubIe Power Chemical Co. 30.00 Moore Business Forms, Inc. 160.90 I.' Duncan Meter Corporation 2240.10 Mountain States Power 18.20 I I ;; Eugene Hardware Co. 1.30 J. W. Murray 17.50 U Eugene Concrete Pipe & Pro. 495.00 J. V'layne Nikkel 10.00 ! j: Eugene Laundry & Dry Cln. 141. 80 Nordlings 11.37 , )' Eugene Mirror & Glass Co. 1.45 Office Machinery & Supply 4.50 i Orchard Auto Parts 3.86 I : Eugene Public Schools #4 186.14 I \: Eugene Register Guard 317.89 Oregon Supply Co. 35.76 I Ii Ii ~':l 11 '" 1,1 !: : " , , ..... \ , r- 4!~8 ,.~ ~..::__~__~,~ --- , .~,'C'.-= .~c = . ' "."".~'-'- _ -- -~-c -_-''''''~, '___o~~,~_.--.~..'_ -..:~-. C.C -., :~C' ~.:~' ~-:'C ,'-~--~ ,~-C'~__-:~-',~~,',_~--.=_~u_-.C',~ _ ~,~ :_~'__:, n~'=. ':-=-=~--. ~~~- ~r=-'~--- --- r T ---- ! GENEHAL FUND Oregon Voters $ 4.00 Vitus Electric Co. $ 17.20 I ."f"~ - Public Adm. Service 2.00 Marjory Walton 3.15 -' . Pacific Coast Bldg. Off. Con. 40.00 D. C. Walton 5.00 ~".......~ t:~': Paramount School Supplies 16.50 West Side Auto Wreckers 1.25 T. F. Pendergast 5.00 Zellerback Paper Co. 31.20 04.;;.' , Pittsburgh Paint 6.13 Korn s Baking Co. " 8.75 -' , Pope & Talbot, Inc. 12.00 International City Mgr's Assn. 15.00 ,........ ,-,-", E. C. Pressman 5.00 John Fields, City Treasurer 765.32 0: Preston & Hales 275.60 Guard Publishing Co. 8.80 Hees Electric Co. 39.40 Southern Pacific Co. 385.34 Rex Cafe 3.40 George Schaefer's 22.00 T. W. Stalsburg 100.00 Sheriffs Office 33.00 Shelton-Turnbull-Fuller 241.30 Silva Chevrolet 11.75 Southern Pacific 4.40 Sparkey's Garbage 1.20 I Standard Oil 12.42 Standard Oil 432.64 Wayne Taleaferro 5.00 Twin Oaks Lumber Co. 28.04 The Broadway 32.04 :1 The Colling Publishing Co. 54.00 Pacific Tele. & Tele. 12,9 . 90 I Western Union 22.19 U. S. Plumbing & Building Sup. 12.12 Valley Printing 18 . 50 VallE;ly Printing 6.50 0 . SWIMMING POOL LEVY . e Hugh G. Purcell 20.00 . , I . / ! . . MUNICIPAL ~LAYGROUND Steeples Shoe Shop 3.00 Eugene Public Schools #4 61.27 I' Glend.on H. Dotson 15.00 Jim Kroder 5.00 I Van Waters & Rogers 73.0.0 , Vall e y Pr int ing Co. 6.50 ',I Tiffany Davis Drug 3.10 Shelton Turnbull Fuller 7.75 Duane Mellem 79.00 McCracken Bros. Motor Frt. 13. 58 __ I Kaye Loomis 5.50 Long Bell Co. 1.05. ,\ Nina Kitts 33.19 Koke-Chapman 2.80 I Johnson's Furniture 4.00 Industrial Accident Co~. 25.13 ,I Industrial Arts Dept. .92 Guistina Bros. Lumber Co. 3.76 ') J. K. Gill Co. 22.62 Eugene Plani~ Mill 3.36 I Dept.,of Visual Instr. 1.50 C & SElectric 6.72 :1 Chase,Plumbir~ Co. 260.18 i IMPROVEMENT B011) SINKING ,I e I Calkins & Calkins 20 . 00 Lane County Abstract Co. 129.00 j . FIRE EQUIPME1TT ,FtTh'D I . C & S.Electric 171.17 Eugene Mattress Co. 58 . 50 , I SPEC IAL SEViER LEVY J Pacific Builder'& Engineers 13.60 Eugene Register Guard 13.40 SPECIAL EQUIPMENT RESERVE . Kendall Motors 1335.23 . I GENERAL BOND INTEREST I John Fields, City Treas. 537.50 . I It was moved by Johnson, seconded by Hawn th&t the bills be approved and the 1 I proper city officials be authorized to issue warrants in payment of the same. I I \ ~1 ~ 49,9 .--- -- ---.. -- -- - - - -- --- -- -. --- - -- - ~-- --- ~ --.- . .- . - - - - - - - - - - - ~ - - - - - ---- -------.- - - ----- -. - -- -_.~- - -.-- ---p------- --.---------- .-------- -----.-- ..---.------- ---- -----.------"--- ~- ._______________________ ______ .____n_____ - - ---~._---- -- - - ~---- - ------------- ----- ----------.------- - -'- - -,--- ,----- -. "1!" -~----, - --" - --.-----.---- ,-, - .- ~----~-,--,- --, -- --- --- - .-- .---.-,---- u_ . .., '-- ---.-- ,--- I REPORTS OF BOARDS AND COMMISSIONS 1 ,~ I A report of the Board of Appeals was submi tted and read. ~ J ~ Ii "A meeting of the Board of Appeals was held in the office of the City W 8ll Engineer, Friday, August 9th at 5:00 p.m. I: Ii: A request was received from F. L. Gifford and H. C. Welch asking for ,,:~-- ~: a permit to erect a frame building 12 feet by 24 feet in dimensions at 1250 :~'~, Willamette Street - the lot formedy occupied by the old Kuykendal residence. The ~, i particular reason for the request is to be allowed to put the building on concrete , pier blocks in the place of a continuous concrete foundation. The Board recommends ~ that the request be granted for a period of one year. I'! !I The Central Lutheran Church located at the south-east corner of the ~ intersection of Sixth and Pearl is asking for a waiver of the set-back on Sixth I: Avenue in order to construct a side entrance into the Church. This is a tempor- : ary affair as they plan to build a new church at 18th and Potter in the near I. fllture. The Board recommends that the request be granted. i: fl A request was received from Arthur R. Quackenbush asking to be allowed ~ to divide the floor space on the second floor of the building on the south-east ,i corner of the intersection of Tenth Avenue and Olive Street wi th a wire netting ;'1- separation between the different tenants of the bUilding. The Board recommends I: too t the request be r.eferred to the Fire Marshall. Ij; . R. P. Sutton has made a request to be allowed to remodel an old house i at 746 Nineteenth Avenue East into five apartments. The house is in the four J! apartment zone. As the house is of the old design with high ceilings, the Board 11 recommends that the request be granted. Il A request was received from Mrs. A. L. Dorsey asking to be allowed to iil make an apartment in the attic of her house with an outside stairway. The Board II recommends that the request be granted on condition that the stairway be enclosed. ,I 1- I! A request was received from Chester N. Anderson asking to be allowed a 1,:1 fourteen foot set-bafk from 25th Avenue at Columbia Street, the south-east corner I of the intersection. The Board is recommending that he be required to observe Ii the fifteen foot set-back imposed upon G. N. Allenbaugh for the lot just east I of this one, in the same blOCk. !'I A r~quest was received from Mrs. Spence for a set-back on the'south part :, of Lot 7, 'Block 11, Chula Vista Park. The Board is hold this request for more 1,1 informat ion. " II Ii It was moved by Bailey, seconded by Hawn that the report be adopted. Motion carried. I Ii A permanent report from the City Planning Commission re: applications for 9 Iii rezoning of various properties was submitted and read. 11 "The Planning Commis sion hereby adopt s as its permanent report and recom- !'ilmendations upon the following applications for reclassification and rezoning, viz. II That the application of R. BRYANT for the reclassification of a part of ~Block 6, Ferguson & Quinby's Addition to Eugene from single family residence to ~business property be denied. " t: That the application of Edmund N. Anderson and Laura M. Anderson for the ~reclassification of a part of Block 17 of the plat of James Huddleston's Extended j! Addi tion to Eugene from R-l district to B-2 district, be denied. I' Iii That the application of NOIE HIRSCH.EY for the reclassification of a part l;of Block 8 in Walnut Park from a single family residence to a 2-apar~ment duplex ~district be denied. V f!i Tha t the application of GENE R. THAXTON for the reclassification of a ~part of Block 1 in Shelton's Addition to Eugene from an R-l to a B-2 district be 'Iidenied. , , I 1 L That the application of DAN H. CAMPBELL and HAZEL L. CAMPBELL for a I lreclassification of a part of Block 1 of Victoria Heights from residential property lto business property be denied." I I It was moved by Crumbaker, seconded by Allen that the report be received and placed i Ii: on file and the recommendations of the Commission be approved. 1-lfotion carried. : ~ \ I,: 'I !~ li1f' I I: !: I I! I ~ ~ r 5()O - - ~ -- ~- --:-- -------=-------~-~____=:.-~-.......---- - -~----=---~--- - -- ~- ~~- -~- -- - -- -c.- -------::: ----=--~-_--_:::: -- -----::.----:-- -~ ~ -::-..-_._-,-_-:;-;-:-_.,~,-:--~---:---:-,- ---.- -: ; --- --- - -~. - - '-- ;. -~l:-=-=-=--~----'----'-~-~-::;-'-~_.~ ~~~--~~---. ~ ~. -"'--~~~. -, - ----------~-~ ----- - - - . -- --_._--~.,-- Ii 10 A rep9rt from the Planning Commission that the Friendly Area be zoned and classified as a single family residential district, was submitted and read. -, '.'\~ I '-' .-p'" . "The City Planning Commission hereby adopts as its permanent report v'l and recommendation the following classification and zoning: ,..." I -... That the Friendly area and precinct recently annexed to the City of cl Eugene, pursuant to City Election duly had, the area being particularly described ! as follows, to-wit: Commencing at the intersection of the South line of 22nd Avenue I West and the West City limits of the City of Eugene, running thence North along,~he West City limits to the South line of I 15th Avenue West, thence Westerly along the South City limits I of Eugene to a point 903 feet East of Chambers Street, be,ing the East line of the municipal airport, thence South 520 feet to the South line of D.L.C. No. 37, thence West 83.3 feet, thence South I 530 feet to the center line of 18th Avenue West, if extended, thence East 571 feet to the West line of Polk Street, thence South 20 feet, thence East along the South line of 18th Avenue West 378 feet to the East line of the municipal airport, thence South along the East line of the municipal airport 1745 feet to the South line of 22nd Avenue West, if produced west, thence East 2400 feet ~o the place of beginning; be zoned and classified as a single family residential district (R-l)tt It was moved by Crumbaker, seconded by Bailey that the report of the Pianning Commission be received and placed on file and the recommendation of the Commission be adopted. II, The annual report of the Eugene Water Board was submitted and upon motion the reEort was ordered received and placed on file. i I PETITIONS AND COMMUNICATIONS , I I I A communication from Leon Ross requesting permission to operate machine 12,( that cleans sewers and drains, without being required to obtain a plumbers license, , was submit ted and. read. ' I It was moved by Bailey, seconded by Hurley that the communication be received and I placed on file and be referred to the City Attorney. Motion carried. , A communication from the Eugene Fruit Growers Assn. requesting that 13, parking be prohibited on the North side of East 8th Avenue in front of the Fruit 'I Growers Assn. to allow space for produce delivery, was submitted and read. . It was moved by Johnson, seconded by Bailey that the communication be received and placed on file and that the request be granted, so long as off-street parking lot is maintained by the Eugene Fruit Grower's Assn. Motion carried. 14 A petition from G. E. Hegberg, 2191 Friendly and 94 others asking for sewer improvement in the Friendly District. It was moved by Crumbaker, seconded by Hawn that the petition be received and referred to the City Engineer's Office. Motion carried. A petition from W. M. Vaughan, 2431 Harris St. and 19 others; from Wm. 15 Tugman, 2141 Harris and from Mrs. T. V. Stockman, 2435 Harris Place, total of 70 names for the improvement of Harris Street from 18th to 25th Avenues and also , Harris Place by paving with blacktop and curbing, was submitted and read. It was moved by Koppe, seconded by Hawn that the petitions be received and placed on file and that the necessary improvement ordinances be drawn. Motion carried. A petition from Chas. A. Bonnett, 580 West 8th Avenue, for the rezoning 16 of Lots 9 and 10 in Block ,9, Skinner's Addition, except the West 53.6 feet of the South 80 feet of Lot 9, from multiple family residence to business classification, was submitted and read. It was moved by Davis, seconded by Allen that the petition be transmitted to the I Planning Commission by adoptiong of the necessary resolution. A communication from R. W. Kernutt, 441 West 5th offering $37.50 for 17 electric water pump, tank and pump house owned by the City was submitted and read. It was moved by Davis, seconded by Hawn that the communication be received and placed on file and the communication be referred to the City Manager. I I ~. ,,~ 501 , , - . _ u -- ":..--_~~_--------._ -. _ ._____ _ _ __ ____ _____ ____ _ _._ __ __ _. -_._~-- - - -- - ---- ----- _.------------ -----~--~--_.._--------- -----------.------ --~--~-----_._-_._----=---..._-~~-_._---------------- --- ---------- -_._--=-~--..::.;._- + ---- .-.- - -- _. -- - - -- - --- ------ - +- - -- - . .- ,-- , " un u_ _II - ----- -_. - 'u - -- - -- --- - ---- - ,I Mr. Shaw and l~. Wilson appeared before the CQuncil with an oral request I I 18 ' for rental of 900 square feet on third floor of City Hall for Rent Control Office. ~ I i 0 It was moved by Hawn, seconded by Hurley that the rental be fixed at $50.00 a ....... month plus cost of alterations, for life of the lease. Koppe, Hawn, Davis, ! Crumbaker and Hurley voting AYE and Bailey, Johnson and Allen voting No. r' 'I It was moved by Crumbaker, seconded by Johnson that action be reconsidered. -~->-. \ '<'>tf.'Q , i I It was moved by Crumbaker, seconded by Johnson that a rental of $75.00 per month ;; be offered .to the Rent Control Office. Motion carried. !: ORDINANCES Ii . r Council Bill No. 86 -- Re: Levying of a tax upon theatrical and other 19; exhibitions, shows and public amusements, introduced and read the first time li April 8th and given second reading on May 13th, was submitted and read. !; It was moved by JOhnson, seconded' by Davis that the ordinance be tabled until Ii after action is taken by the State Legislation on proposed City admission tax ,I legislation. Koppe, Davis, Bailey, Johnson and Allen voted AYE. Hawn, Crumbaker !; and Hurley voted No. i' d Ii A substitute motion was made by Crumbaker, seconded by Hawn that the ordinance be 1'1 given final passage. Koppe, Hawn, Crumbaker and Hurley voted aye. Davis, Ba iley, !! Johnson and Allen voted No. The Mayor was then called upon for his decision, it II being No. II L j The bill was then referred back to the original motion to be tabled. Motion carried. , 1,1 Council Bill No. 121 - Initiating Vacation of Alley running east and west 20 11 through Block 20, Chambers Addition, was submitted and read the first time. II Ii It was moved by Koppe, seconded by Hawn that the rules be suspended by unanimous Ij consent a nd the ordinance read the second time. Motion carried. I I! 11 It was moved by Koppe, seconded by Hawn that the rules be further suspended and 11. the ordinance passed to its third and final reading. All Councilmen present voting ,i AYE the ordinance was declared passed and numbered 8928. II - Ii Council Bill No. 122 - Decl~ring the City of Eugene to be a fire district, 211,' was submitted and read the first time. " - I' i It was moved by Koppe, seconded by Ha~n that the rules be suspended by unanimous iii consent and the ordinance read the second time. Motion carried. I,' 1'1 ~l It was moved by Koppe, seconded by Hawn that the rules be further suspended and Ii the ordinance passed to its third and final reading. All Councilmen present voting I! AYE the ordinance was declared passed and numbered 8929. ,I Ii Council Bill No. 123 - Adopting the 1946 edition of the Pacific Coast 22 II Building Officials Conference, was submitted and read the first time. I It was moved by Koppe, seconded by Hawn that the rules be suspended by unanimous !ij consent and the ordinance read the second time. Mot ion carried.. (t It was moved by Koppe, seconded by Hawn that the rules be further suspended and II the ordinance passed to its third and final reading. All Councilmen present voting ,: AYE the ordinance was declared passed and numbered 8930. . I!' I:; !, Council Bill No. 124 - Repealing Ordinance 1091, granting the right to 23 I: construct and maintain a railroad track across certain streets and alleys in the Iii City of Eugene, was submitted and read. I. It was moved by Crumbaker, seconded by Bailey that the ordinance be laid over and !i that the City Manager send copy of proposed ordinance to affected property owners. I: f Council Bill No. 125 -- Re: Licensing of Pinball Machines, was submitted 24 I: and read the first time. I t . lIlt was moved by Koppe, seconded. by Hawn that the ordinance be read the second time. I Motion carried. 'I , , r It was moved by Koppe, seconded by Hawn that the rules be further suspended by I (unanimous consent and the ordinance passed to its third and final reading. All i I: Councilmen present voting AYE the ordinance was declared passed and numbered 8931. I , Ii I , I' . " , I i, , r I!! ill I I i" ",.... r502 . C~=C'_~~=~=::,,:: ~_~_~~==_~,~=-~=_u~'-==_; ~7,C-- __L.=", '~~.~=~-=~c~=,,-~:~~ ~~'-'- 9'-=~c~-c,~'~~ ='~c -~~="='~=-~~~~~"=,-=--==C:-C-~~~='~_' ~_=~=C'~~C' =-_--'==--,-~~~, -= ~-- ~"_,,,- '~'~[ _ __ _ _ _ __ __ _ ~__m ___--~~ _ _, __ _ _____ _ __ __ ~__m ---,--~ - - ~-- --- - - I . , . Council Bill No. 126 -- He: Amending Ordinance No. 1709, providing for :.~:51 F~re Es?apes on certain building in the City of Eugene, was submitted and read the I '." . f1.rst t1.lTle. ',,',,1 n CJ1 I It was moved by Koppe, seconded by Bailey that the rules be suspended by unanimous cl consent and the ordinance read the second time. {\;) " ! It was moved by Koppe, seconded by Bailey that the rules be further suspended and 1 the ordinance passed to its third and final reading. All Councilmen present votin AYE the ordinance was declared passed and numbered 8932. Council Bill No. 127 - He: Improvement of Harris Street from 18th Avenue 26 East to 25th Avenue East, was, submitted and read the first time. It was moved by Koppe, seconded by Hawn that the rules be suspended by unanimous consent and the ordinance read the second time. . It was moved by Koppe, seconded by Hawn that the rules be further suspended and the ordinance passed to its third and final reading. All Councilmen present voting I AYE the ordinance was declared passed and numbered 8933. I Council Bill No. 128 - Re: Adopting plans and specifications for the ~ 27 i ,I improvement of Harris Street from 18th to 25th Avenues East, was submitted and read the first time. It was moved by Koppe, seconded by Hawn that the rules be suspended by unanimous consent and the ordinance read the second time. It was moved by Koppe, seconded by Hawn that the rules be further suspended and the ordinance pass~d to its third and final reading. All Councilmen present voting AYE the ordinance was declared passed and numbered 8934. *** ---- RESOLUTIONS A resolution -- Re: Authorizing the investment of surplus in approved 28 securities, was submitted and read. , I ~WHEREAS, the following funds of the City of Eugene, Lane County, Oregon, viz., General Bond Sinking Fund, $20,000.00 Sewage Disposal Fund 17,000.00 Ci ty Hall Levy Fund 131000.-00 .Total 50,000.00 are now invested in approved securities and which securities will mature on September 1, 1946; and 'WHEREAS, the said City will have no need for any of said funds until January 1, 1948, and that it is to the best interests and welfare of the City of Eugene and its inhabitants to reinvest the proceeds of any of such securities as may be paid on September 1, 1946; THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF EUGENE: That the City Treasurer be and he is hereby directed and authorized to reinvest any proceeds received by him by reason of the maturity and payment of any f the aforesaid securities in approved securities maturing on or before January 1,194 ft . . It was moved by Davis, seconded by Hawn that the resolution be adopted. ! A resolution -- Re: Transmitting to the Planning Commission proposed I 291 change of zoning classification, was submitted and read. i "BE IT 'RESOLVED BY THE COMMON COUNCIL OF THE CITY OF EUGENE: I i That there is herepy transmitted to the Planning Commission of the City of Eugene the following proposed Change of classification, to-wit: Chas. A. Bonnett. Lots 9 and 10 in Block 9, Skinner's Addition I to Eugene on the West, except the West 53.6 feet of the South 80 feet of Lot 9 aforesaid. I Property located in the 700 block on Lincoln Street and 300 ! block on West 8th Avenue. , I I Change from multiple residence to the. classification of business; ~nd directin~ the Planning Commission to adopt a tentat1.ve report and to hold a hear1.ng thereon l.n ~ ~ 503 ___ _ ___ ~__'____H _____ _ ___ __ __ __ _____ __ _ _ _ . __ __ __ ____ _ __ . - . ~.... -- ...:- -. -1,.1- ,-, -. ---- -,- :. .___.m_ -- - -, - -,---.:. ,-.-, - . . -,.:. ~::'_-':" --.-- --- -,. ,C :C.__cc.-.:._....c...:.'....:c__. -' - ___c._-cc-----=-__=. c-:::,,'_ ,-::..' ..:_-- -- , , : the Council Chambers in the City Hall of the City of Eugene, on Tuesday the 3rd Ii day of September, 1946, commencing at the hO,ur of 7:30 o'clock P.M., after giving ~'1 l due notice by publication once in the Eugene Register-Guard. ~ : ~ - I In case of a favorable report a hearing is hereby called to be held at :::,,: ; tJ;1e City Hall at the regular September Council meeting, September 9, 1946, commen- ::::i f: c~ng at 7:30 o'clock P.M., notice of which shall be given by publication three.,)': iJ times in 'the Eugene Register-Guard, and which hearing shall be the final hearing." 11 It was moved by Dav'is, sec'onded by Allen that the resolut ion be adopted. [1 :1 A resolution -- Re: Authorizing and directing the Mayor and City Manager 30!~ to enter into an agreement with the Eugene Medical Center, for the sale by the City I: and the purchase by the Eugene Medical Center of city-owned p'roperty, was submitted 11 and read. l;j "WHEREAS, The City Manager of the City of Eugene has for some time fl conducted negotiations with a group of approximately forty doctors for the sale i,j by the City of a site for a proposed Eugene Medical Center and Associated services, Ii and the matter having' been submitted to the Finance Committee by the Council and a . 1,1, favorable report returned by them. I' ~ Therefore Ii ~, BE IT RESOLVED BY THE COMrvION COUNCIL OF THE CITY OF EUGENE I: . _ That the. 'Mayor and City Man~ger be and they a:-e hereby a uthorized and II d~rected to enter '~nt? an agreement Wl th the Eugene Medlcal Center, a corporation 11 for the sale by the Cl ty and the purchase by the Eugene Medical Center, of the ~ following described real estate, to-wit: ,I . ~ll' Commencing at the intersection of the South line of Thirteenth ;' Avenue West and East line of Chambers Street, running thence II'! East along the South line of 'l'hirteenth Avenue West 758 feet ,I to a point 307.8 feet West of the East' line of Taylor Street Iii"." if extended South; thence South 334 feet, thence East 150 feet, 'I '.' thence south 800 feet, thence West 540 feet to the proposed j state highway as located, thence North 340 2 1/2' West, 657 - 'I' feet to the East line of Chambers Street, thence North along i the East line of Chambers Street 592 feet to the place of be- II ginning, containing 20.19 acres in Eugene, Lane County, Oregon, h. I:: at and for a purchase price of $25,000, to be paid $5,000 upon the execution and jdelivery of the contract and the balance of the purchase price paid on or before j three years from date. All deferred payments to draw interest at the rate of six I ijper cent per annum, payable annually. I: I il The contract shall contain the fOllowing provision:- Ii "It is a condition of this sale and conveyance that the property shall be i : used exclusively as a Medican Center and for associated service, and cannot be sold I :ior leased without the consent of the Corrimon Council of the City of Eugene. Provided, I P however, tha t the Medical Center may mortgage the property to raise money for the Ii development of the Eugene Medical Center, and such mortgage shall be free from the ~above restrictions." "I I, That the contract shall reserve to the City the right to enter upon the I,property and maintain a thirty inch storm sewer now located on the property, and I, further reserving an easement to be used whenever 15th Avenue is extended, for a tnew sewer serving this and other property. \' [: In addition to the foregoing, the contract shall provide that the vendees ii'shall comply and conform to all regulations of the Civil Aeronautics Authority, it I~: being understood that the tract of land herein contracted is a part of what is known laa the old Airport. . I ~i A copy of the proposed contract is hereto attached and made a part of this! fresolution." I I, l'It was moved by Hawn, seconded by Bailey tha t the resolut ion be amended as follows: Ii: Motion carried. I 1,-,"., , [; , , "WHEREAS, the City Manager of the City of Eugene has for some time 311: conducted negotiations with a group of approximately forty doctors for the sale I; by the City of a site for a proposed Eugene Ivfedical Center and Associated services, I I and tIle matter haVing been submitted to the Finance Committee by the Council and a I ~favorable report returned by them, r Therefore, II r BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF EUGENE: ;, That the Mayor and Ci ty Manager be and they are hereby authorized and !: directed to enter into an agreement wi th the Eugene Medical Ce'nter, a corpo:ration, .... r504 '~'C'-_~C~-~-'-- '~~~ ~'---~'~c=~~~~--"-r~ =~~=-_---O~~'~C-''-'~~~~~~' --~==~" ~~'~~~'~-.'.' ~'~-~=~~C-=~=--=~O'-' 'c"C-_"~='~,--~,-_~--~ ~"~cc-~=~ '_=~~=c'~C' -=.~ ~:~,:.._ :-r!.....::...-"-~---'---'---..:..-~~~.:....:..-..::.- ---r----- ~- , ~~ ~~--- ---- . --. . - . ~ .. - - I ---~--- ~~------ ~-~ i tor the sale by the City and the purchase by the Eugene Medical Center, of the following described real.estate, to-wit: I' ,; -I . '-' I Commencing a t the intersection of the South line of Thirteenth ""I Avenue West and East line of Chambers Street, runni"ng thence , "' i:J11 East along the South line of Thirteenth Avenue West 758 feet ~-I to a point 307.8 feet West of the East line of Taylor Street ;;:j if extended South; thence South 334 feet, thence East 150 feet, thence South 800 feet, thence West 540 feet to the proposed state highway as located, thence North 34 deg. 21/2' West, -657 feet to the East line of Chambers Street, thence North a long the East line of Chambers Street, thence North along the East line of Chambers Street 592 feet to the place of beginning, con- taining 20.19 acres in Eugene, Lane County, Oregon,; at and for a purchase price of Twenty-five- Thousand Dollars ($25,000.00)~ payable as follows: the sum, of $500.00 upon the execution and delivery of the contract and the balance to be paid on or before three years from date, together with interest thereon at the rate of six per cent per annum, payable annually, in accordance with and under the provisions set forth in the hereto attached copy of a proposed ~ontract and agreement of sale, which contract and agreement of sale I is by reference thereto made a part of this Resolution." I 1 It was moved by Hawn, seconded by Crumbaker that the resolution as amended be adopted. 32 A Resolution -- He: Establishment of bus loading zones, was submitted and read. "BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF EUGENE That the recommendations of the City Manager for establishment of bus zones at the following locations: The Northeast corner of 8th Avenue West and Olive Streets . I Southwest corner of 8th Avenue West and Willamette Street Ii I Northeast corner of 8th Avenue East and Oak Street be and the, same are hereby approved and the Chief ?f Police be and he is hereby directed to erect signs carrying the recommendations in this resolution into effect." It was moved by Crumbaker, seconded by Davis that the resolution be adopted. , Motion carried. I NEW BUSINESS : It was moved by Johnson, seconded by Allen that the City Manager be authorized to 33. call for bids on certain street and sewer improvements as follows: I Street Improvements: Harris Street from 18th Avenue to 28th Avenue and Harris, Place. Sewer Improvements: , , East side of Lincoln from 21st to 23rd Avenues West ~;'" A. ' I Alley between Washington and Jeff~rson from 22nd to 24th Avenues West Jefferson from 19th Avenue to 24th Avenue West j Alley between Jefferson and Madison from 19th Avenue We$t to 24th I , Avenue West. < I ! Motion carried. , , \) . UPON MOTION THE COUNCIL ADJOUR1TED. I I I Respectfully submitted ! cx::P~ ~~ I: . ' Deane Seeger I City Manager 4f' I , , I '" 0 I ~ "~ 5f)'j . ~ -'oj . ~~~. -- -- - - -- - -- --- - -. --- -- - ---' ------------ -- - - -- _.--.::.-_-----------~---- _.-_.. - --- ..+--- -_ ..:..::.....--;..- _~..;.: ~_-~_..c:_ __ _ ______ _ _ _ _ ____ _ ___ .._ _ _ __ __ ..:.__ __~_____ _~ __: ~ _ __ ___ ____-_ _-__:.......;...:..___ _ __ _____--.:.._ __. _.....:...:....__ __ _ _ ______ _____ _ ____ __ __._ , , . . - ..~ ---- -- --- --- - ---- __ - - - _____ ___ __ __ - __. _'0'_ - -- --- - -- --- ----- ---- ---- - - -- -- ------------- - -', - ----- 0_' _ __ __ - - -- -- ---' -- ---- ----.--------- -~ --- - -~- ~ - ------- - '---' --~ -- ---------- -- -- - --- *** Council Bill No. 129 -- Recornmending the zoning of the new Friendly II '.' 34 !: Area as residence property, w~s submitted and read the first time. I I'i ~ " " It was moved by Koppe, seconded by Hawn tha t the ordinance be read the second 0 time. ~ I: f:; I; It was moved by Koppe, seconded by Hawn that the rules be further suspended and ...../..""11 It the ordinance passed to its third and final reading. All Councilmen present ,<.....,;;.,.' Ii: ~r""'" Ii voting AYE the ordinance was declared passed and numbered 8935. I, ! l. " .- I:! "i I " I' t! \ . II fl i: I.: , . . :1 Ii II . " P ,I P . . il I' " ;"! 1'; \1 . i." ,I d ,I t I! . 'I , I' " I Ii " , ',' ; P II I " I ii I I'. I, II , , I ,,, I Iii I' Ii " 'I it I!i h ". I: I II I' II 'I , !' " I I;' i " I; .1" 'I I" 1,1 /) 'I II I: I' I, :1 , . II \;' :'1 I I . I ;';1 ~;' I I: !" I ,. , ,,' 11 0 " , II III I I j I I;, I p I I ,. , 1'1 I " t . j I. . \ i: I: , I: I' II II "! , I' I"~ :1 ! ....1